McGARRY -v- R [1999] WASCA 276
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [1999] WASCA 276 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:2/1999 | 7 OCTOBER 1999 | |
| Coram: | KENNEDY J PIDGEON J MURRAY J | 6/12/99 | |
| 24 | Judgment Part: | 1 of 1 | |
| Result: | Finite sentence of 5 years' imprisonment reduced to 3 years | ||
| PDF Version |
| Parties: | MICHAEL ALEXANDER McGARRY THE QUEEN |
Catchwords: | Criminal law and procedure Sentencing Indecent dealing with a child under 13 not involving touching Three charges of personating a member of the police force in subsequently telephoning to home of victim Record of previous sexual offences extending over 13 years Whether sentence of 5 years to be served in part concurrently with a previous sentence excessive Whether eligibility for parole should have been ordered Whether indefinite sentence justified |
Legislation: | Sentencing Act 1995, s 98 |
Case References: | Briginshaw v Briginshaw (1938) 60 CLR 336 Chester v The Queen (1988) 165 CLR 611 Clayden v The Queen, unreported; CCA SCt of WA; Library No 960268; 17 May 1996 Jones v The Queen, unreported; CCA SCt of WA; Library No 980246; 8 May 1998 Lowndes v R [1999] HCA 29, (1999) 163 ALR 483 Lowndes v The Queen (1999) 73 ALJR 1007 Powell v The Queen, unreported; CCA SCt of WA; Library No 950559; 19 October 1995 R v Dunstan, unreported; CCA SCt of WA; Library No 990074; 19 February 1999 R v Lowndes (1997) 95 A Crim R 516 R v Moffatt [1998] 2 VR 229 Thompson v R, unreported; CCA SCt of WA; Library No 980600; 19 October 1998 Thompson v The Queen [1999] HCA 43 Australian Coal and Shale Employees' Federation v The Commonwealth (1953) 94 CLR 621 Batty v The Queen, unreported; CCA SCt of WA; Library No 980518; 14 September 1998 Bugmy v The Queen (1990) 169 CLR 525 Coulter v The Queen, unreported; CCA SCt of WA; Library No 960507; 4 September 1996 House v The King (1936) 55 CLR 499 Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51 R v Carr [1996] 1 VR 585 R v Chan (1989) 38 A Crim R 337 R v Cooper (1987) 30 A Crim R 19 R v Evans, unreported; CCA SCt of WA; Library No 920616; 24 November 1992 R v Gooch (1989) 43 A Crim R 382 R v Hodge (1987) 31 A Crim R 200 R v Hueston (1995) 83 A Crim R 53 R v O'Shea (1982) 8 A Crim R 219 R v O'Shea (No 2) (1997) 94 A Crim R 560 R v Podirsky (1989) 43 A Crim R 404 R v Read (1997) 94 A Crim R 539 Read v The Queen (1994) 3 Tas SR 387 Thompson v The Queen (1992) 8 WAR 387 Tunaj v R [1984] WAR 48 Veen v The Queen (1979) 143 CLR 458 Veen v The Queen (No 2) (1988) 164 CLR 465 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT :
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- AGLC
- McGarry v The Queen [1999] WASCA 276
- Case
- [1999] WASCA 276
- Decision Date
CaseChat Overview and Summary
The appellant was convicted of three charges of indecently dealing with a child under 13 years, not involving touching, and of three charges of personating a police officer in the course of the offending. He was also convicted of three previous sexual offences. The appellant was sentenced to a finite term of imprisonment of 5 years on the charges of personating a police officer, to be served concurrently with a previous sentence of 3 years for the sexual offences. The appellant sought leave to appeal against his sentence, contending that the sentence was excessive, that he should have been eligible for parole, and that an indefinite sentence should have been imposed.
The court considered whether the sentence of 5 years to be served concurrently with a previous sentence of 3 years was excessive, and whether the appellant should have been eligible for parole. The court noted that the appellant had a record of sexual offending over 13 years and that the offending was predatory in nature. However, the court also noted that the appellant had shown some remorse and had taken steps to address his offending. The court held that the sentence was not excessive and that the appellant should not have been eligible for parole. The court also held that an indefinite sentence was not justified.
The sentence of 5 years was reduced to 3 years. The court held that the sentence should be served concurrently with the previous sentence of 3 years. The appellant's application for leave to appeal was dismissed.
The court considered whether the sentence of 5 years to be served concurrently with a previous sentence of 3 years was excessive, and whether the appellant should have been eligible for parole. The court noted that the appellant had a record of sexual offending over 13 years and that the offending was predatory in nature. However, the court also noted that the appellant had shown some remorse and had taken steps to address his offending. The court held that the sentence was not excessive and that the appellant should not have been eligible for parole. The court also held that an indefinite sentence was not justified.
The sentence of 5 years was reduced to 3 years. The court held that the sentence should be served concurrently with the previous sentence of 3 years. The appellant's application for leave to appeal was dismissed.
Orders
Orders of the court
Finite sentence of 5 years' imprisonment reduced to 3 years
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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